HomeMy WebLinkAbout90-12 REZONE PLANNING 1 OF 3i4i
$:9-12-20-0I _ PRQ'::7 EGr' SUN�MRY SH.F�ET 90-12
Log yo:
File No.
Bruce Oliver
applicant representative.
P Cr.. Box 3-,61
ADDRESS; r --
Chico, CA 9592.7
Work: 89 -3347
PHONE Rome:- 894-3.471
Same as Applicant
„_ .
proper f. owner
ADDP.ESS
s FLO T�'GT` DEsc =PT=orr', Rezone to TM -5 (Timber Mountain, 5 acre.
parcels)'
on property. zoned[T rccatea: on both sides of Blackberry Road approximately
80G feet north of Crown Point Road
and approximately 1/2' mileiaentifi-a as APG56-04-0-027_ town/area: northeast of
east--oeagt--ol Crown. Point Rd & State Hwy. 32' Intersection. Chico_
G�iE2:�L PLA,'t DESIGNATloll Agricultural -Residential
DMr.
PRE -APP FEE PAIDFECE PT NUMBER:
APPLICATION: ACCEPTED;
FL,;AL, App. PAID: 4 8' 7 . 0 0. RECEIPT Nt,mBm:. Ill 2.7' 12-12-89
REZONING p"'IT,01 SIC -NATURES CIECM PERCENTAGES 1,69 C2 Z 217 V,�,rl.� �!d
MAILING LIST'PREPARID
KkT, TL -OUT' NOTICES' w'RIZTErt
Pu -c
NOTICES MUM -ZRSaER: 14 News : 2a
LEGAL DESCRIPTION[ PREPARED
PUBLICATION OT1-CE WIMTZI i, 2 9° ✓rlx� �J
DISPLAY AD PEXPAkID
7 �I
NE SPAPER. PUBLICATION 0 (` (:/ P G` B R DATE OF PUBLICATIOY:
M= kL. STUDY PREFIJU ED `-�
_TROti-1�0P-AL. DEiERKMATION'- Categorical Ea=t o:r 1 :
Negative -Declaration =ILS
` Mitigated Negative Declaration r
- Environmental, "cirp<:ct F.eport CERTLFIED:
Other:
STAT✓'. CLEa+.RINGROUSY MJ` -,MER
AXPLIC.1.MMIEPRFSE't"zifT.T..': 3101I.= CA -7 -TG -1 01 E iVIROM4-- 4L D—cl—T-NIYATION
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BOARD, Or SUP---RVISORS' 1AR1—NG(s)::
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RrSOLUTION SLtiffi (GPds ADOPT_c�:
OFX MAX NMA—PER iDOPTED-
ti0 t- CFDE_s ER*MfA=Orf (3ppenaix LTA Fes:
P ._ t
'NAME-1 Bruce
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AP#0$6-�04-0-027
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COMM)514T S RE CE I VD
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unclassified' tQI TM -S (timber mountain - five acrfa
parcels)t property located on both sides of Blackberry
Road approximately 800 feet north of Crown Point-, Road
and approximately 1J2 mile east of Crown Point: Road and
State Highway 32 intersection, identified as AP 056-040..
027, northeast of Chico.
MOTION: ACCEPT THE RECOMMENDATIONS OF THE PLANNING
COMMISSION ON AUGUST 9, 1990; MAKE, TH:E FINDINGS
LISTED' UNDER '►A►', 11B"1 AND "►'CI ; AND .MOVE A8
OUTLINED UNDER I'D" AND "E" INCLUDING ALL OF THE
CONDITIONS NUMBERED 1 TAROT= 6 AND (A) FIND,
THAT 1) AN INITIAL STUDY WAS COMPLETED I2 '
COMPLIANCE - WITH CEQA 2) SAID STUDY , AND,
COMMENTS RECEIVED THEREON XDENTIFIED
POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS
WHICH THE PROJECT MAY, HAVE HAD, BUT WILL NOT
IN THIS CASE BECAUSE OF THE ADOPTED MITIGATION
MEASURES ATTACHED; AND (B) FIND THAT THE
ENVIRONMENTAL DOCUMENTS TOGETHER WITH ANY
COMME11TS RECEIVED DURING THE PUBLIC REVIEW,
PROCESS HAVE BEEN REVIEWED AND CONSIDERED, AND.
ADOPIP A NEGATIVE DECLARATION WITH MITIGATION,
MEASURES ATTACHED, AND (C) 'FIND THAT THE,
PROPOSED REZONE CONFORMS TO THE POLICIES,"
INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY
GENERAL PLAN; .AND (D) ADOPT ORDINANCE 2913!
REZONING TO TM -10 THAT PROPERTY IDENTIFIED AS
AP 056`--040--027 (BRUCE OLIVER) ; AND (E) ADOPT''
RESOLUTION 91-25 APPROVING A CONDITIONAL ZONING:
AGREEMENT FOR AP 056-040-027 SUBJECT' TO THE"+
FOLLOWING CONDITIONS: 1:) LIMIT NEW DRIVEWAYY;
GRADES TO 1.0�; 2) INSTALL CULVERTS WHERE ROADS"
AND DRIVEWAYS CROSS NATURAL DRAINAGE CHANNEL;
3) INSTALL ROCK RIPRAP AND MANMADE ROADSIDE'
DRAINAGE TO MINIMIZE WATER VELOCITY AND TRAP'
8tD1MW,V WHICH SHALL INCLUDE EXISTING DRAINAGE
CHtNEL5' 4) DESIGNATE A 100 FOOT No -
DEVELOPMENT SETBACK FROM THE TOP OF THE BANX
OF LITTLE CHICO CREED (NO STRUCTURES,
VEGETATION REMOVAL, OR SOIL DISRUPTION WILL BE
A=:MD IN THIS ZONE) if 5) AUTOMATIC FIRE;,
SUPPRESSION SPRINKLER SYSTEMS 8HAtL BE
INSTALLED IN ALL NEW RESIDENTIAL STRUCTURES IN''
ACCORDANCE WITH THE NATIONAL FIRE PROTECTION
BUTTE 'COUNTY bOARD OF 5UPEkVI8OR8 X±N=8 Febtuary 26t 1951
Bruce Oliver proposed _Negative Declaration With mitigation measures regarding
environmental impacts and Rezone from "U" (Unclassified) to TNS -5 (Timber Mountain
5 acre parcels) located on both sides of. Blackberry Road, approximately 800 feet north of
Crown Point Road and approximately 1/2 mile east of Crown Point Road and State
Higliway 32 intersection, identified as AP 056-040-027, northeast of, Chico. (Bile 090-12)
(VIDEO TAKEN)
A video tape was shown of the project site, The Commission waived the reading of the Staff
Findings.
Vice Chairman Matson noted correspondence received from William Johnson,
The hearing was opened to the public.
Bruce Oliver said_there have been changes to the property since, the video was taken: He said the
culverts have been. cleaned out and the driveway has been graded, lle asked the Commission to
approve this rezone for 5 acre parcels.
Staffsaid that part of Crown Point Road is publicly maintained, but the rest of the roads are
private,
Commissioner Lynch said according to the proposed plot plan, Mri Oliver is planning on dividing'
this property into two parcels.
Mr, Oliver said that was correct, but he would like to have the option of splitting into three parcels
if possible: He said his property is on both ides of Little Chico Creek and he has complete
riparian rights from Little Chico Creek,
The hearing was closed,
Commissioner Lynch asked if the only way Mr. Oliver could divide this property into three parcels
Wag to receive 5 acre zoning,
Staff said this is correct, Staff asked the Corntitission if It was their intent to allow 5` acre zoning
in this remote area"
`
Commissioner Lambert said tl ` - �e area should not be zoned to less than 10 acro parcel zoning. She:
said she would prefer 20-40 acre zoning in this area,
Commissioner Lynch Said that the zoning the Commission chooses for t1�is area will be the' first
zoning from "U" (Unclassified) zoning and will set a precedent for the area., There was a brief
discussion on a passible 2-3 lot PUD zone,
Commissioner Lambert said: she could not support TM -5 in this area:
Staff said the Commission needs to look at what density they want to see in the Canyon ,area,
Q,0
Commissioner Lynch asked the size of the lots to the north of this property;
Staff said northeast there is a 15.6 acre parcel, to the .north a 5.8 acre r arcel, to the north of the
5.8 acre parcel there is a 9.34, a 6.06, and a 25.88 acre parcel.
Commissioner Ostrowski said he had no problem with the rezone as the land is only suitable for
residential use.
Commissioner Lynch discussed the loss of acreage due to the 100 foot setback on Moth sides of
Little Chico Creek.
Mr. Oliver answering a direct question from the Commission said lie would like to create an 8-,9
acre parcel with the remaining 10-11. acre_parcel for the house,
Commissioner Lynch asked staff if the Commission zoned this property 5 acre zoning could the
Commission stipulate that the property would be uivided into no more than two parcels?
Staff said no.
Commissioner Lambert said she would like to recommend 1:0 acre zoning. She said she 'would
support a variance to the acreage at a ,later date.
Staff said the Commission has to find the zoning in conformity with the General Plan for the
density recommended.
Commissioner Lambert said she could no support 5 acre zoning in this area with the roads in the
Shape they ;are, i.e;, access, slope, remotness, etc.
Commissioner Lynch asked Mr, Oliver what he would prefer,, for the Commission to deny the
" y ,
request and Mr. Olivet appeal the decision to the Board, or for the Commission to recommend
10 acre zoning with a variance,
Mr, Oliver said lie world rather have a recommendation for 10 acre zoning, instead of a denial.
It was moved by Commissioner Lynch, seconded by Commissioner IAmbert, and unanimously
carried to recommend TM-10 zoning as follows,,
MOTION: ACCEPT THE RECOMMENDATIONS OF THE STAFF MEMO DATED JULY
31, 1990; MATS THE FINDINGS LISTED UNDER "A"> 13", AND "C"; AND
MOVE AS OUTLINED UNDER "D" AND "E' INCLUDINGTALL OF VJ0
CONDITIONS NUMBERED 1 THROUGH 6.
A. rind that:
1: An initial study was completed in compliance with. CEQA.
13U!T oogwcx gIbg lvtNftl s ;hixgt § 9 . 1.9911
S
2, Said study and comments received thereon identified .potentially significant
environmental impacts which the project may have had, but will not in this case
because of the adopted mitigation measures attached and
B. Find that the environmental documents together with any comments received during the
public review process have been reviewed and considered, and reeonunend the Board of
Supervisors adopt a Negative Declaration with :mitigation pleasures attached; and '
C. Find that the proposed rezone conforms to the policies, including the text and map of the
Butte County General Plan; and
D, Recommend, that. the Board of Supervisors adopt an Ordinance rezoning to TM -10 that
property identified as AP 056-040-027 (Bruce Oliver); and
E„ Recommend that the Board of Supervisors adopt a, Resolution approving a Conditional
Zoning Agreement for AP 056-040-027 (Bruce Oliver) subject to the following conditions;
1. Limit new driveway grades to 1001o.
2. Install culverts where roads and driveways cross natural drainage channel:
3. install rock riprap and man-made roadside drainage to minimize water velocity and
trap sediment, This shall include existing drainage channels.
4, Designate a 100 foot no-developi-hent setback fromthetop of the bank of Little
Chico Creek. No structures; vegetation removal, or soil disruption will' be allowed
in this zone.
5. Automatic fire P� ppression sprinkler systems shall be installed in all new residential
structures in ac sane with the National Fire Protection Association Standards as
outlined by A.rettle 13d to aid in the detection and control of residential fires and
thus provide improved protection against injury; life lost; property damage, and
reduce the demand for County fire protection services.
6, Applicant
pli cant and also
cmply with all other applicable State and local statutes,
o
t1 1 ov pL ,Sift A1G G�ritMx sq.0 Ni lv�? ' 5 �= August 5 0
AML
FILE NO: 90-12
BUTTE COUNTY PLANNING COMMISSION
STAFF ;FINDINGS - July 31, 1990
L /VIPLICANT:
Bruce Oliver
OWNER:
Same
RE QUEST:
Rezone from "U" to TM -5
AP NO.:
056-040-027
SIZE;
18.87 acres
LOCATION:
On both sides of Blackberry R.)ad, approximately
800 feet north of Crown Point Road and
approximately 1/2 mile east of Crown Point Road
and State Highway 32 tntersection) northeast of
Chico,
EXISTING ZONINGS
w(P,
ZONING HISTORY:
Zoned "U" Sept, 17, 1985 by OD'd. 2488'
SURROUNDING ZONING,
,rUil} TM -40
SURROUNDING LAND USE:
Rural residential, open lands:
GENERAL PLAN DESIGNATION:
Agricultural-Residatitit l
AP `y,ICABIAL' REGULATIONS:
Butte County Code Sections 24-�6, 2428, 24
174, and 24-195
:C.lIV MENMS RECE _ � D:
i�t,artment of Public Works: "No comments other titan these are private roads and not in very
good condition,"
1
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - July 31, 1990
Environmental Health_ "No objection to rezone. Approval of a parcel map subsequent to a
rezone will require verification of compliance with usable sewage disposal area, requirements,
Soil test holes will be required."
Butte County Fire Department: "Requirement Class 1, In lieu of a pressurized water system, the
following options will satisfy the Fire Department requirements for water: (A) For each lot
created a water storage tank with a capacity of 2,500 gallons or more equipped with direct all
weather access or fire department connection meeting Standard S-29 The locations of hookups
shall be determined by the Fire Department; or (B) Payment into the appropriate water tender
fund (Battalion 2) at $200 per lot for a total fee of $200.00:"
ANALYSIS:
This Mountain c5 acre parcels). to
project i .located onboth1s res of Blackberry Road yS (Timber
project q (Unclassified) to
p in the Little
hico Creek Canyon, approximately 4 miles south of Forest 'Ranch: Access to the property is
via Crown Point Road, from. Highway 32 to Blackberry .'Road. If approved, this rezone would.
open the way for a parcel map which could create up to three parcels.
The existing general plan designation %r'this area is Agricultural -Residential. That designation
was adopted as part of the 1979 General Plan update' and was chooson for this area to t'ecognize
some existingparcel sizes tliat were under 20 acres. The surrounding General Plan designation.
is Grazing and Open. Land with a 40 acre mitvmum parcel size designation. The Agriculturai-
Residential General. Plan policies require that certain conditional criteriaa be present before
zoning of less than 20 acres can be considered. The criteria are;
1. Compatible with neighboring agricultural activities.
2; Evidence of adequate water and sewage disposal capacity:
3. Availability of adequate fire protection facilities,
4. Adequately maintained approved road access with sufficient capacity to service the aj,�da.
5, Reasonable accessibility to commercial services and sehoolsi
The proposed rezone -does not appear to meet the criterias 3 and 4 and it is questionable wit;t
regard to criteria 2: The nearest fire station is approximately 41./2 mires away in Forest Ranch.
It is a volunteers fire station and estimated response time for this project are approximately 12
minutes; The next closest fire station in Chico on Fair Street and the estimated response time
from that station is 28 minutes, The County's financial situation combined with a recent defeat
of a ballot measure to form a County wide fire service district leaves the future of the Butte
i
County Department an questions Plans have already begun to layoff ` 53 full time County fire
employeesi Even though this projoct is or would most likely be served 'by a volunteer station in
Forest Ranch, the volunteer lire program Will still be affected because it relies heavily upon
training frost County fire personnel for instruction and coordination on emergency calls.
I
L`�TI`E C(�UNT'� PANNING CO,ViMI,SSION
STAFF FINDINGS - July 31, 199D
The project is located approximately 11/2 miles east of Highway 32, off of Crown Point Road.
Crown Point Road is paved for the first 1/3 s)f a mile east of Highway 32. The next 2/3 of a
mile is a narrow, steep, winding section that is a patchwork of gravel, pavement and potholes.
The road improves a little once the bottom of the canyon is reached. All traffic generated by
development in this area of the canyon must use Crown Point Road for access: to Highway 32.
Serious consideration needs to be given to improving this stretch of Crown Point 'Road if more
development is going to be allowed in th7,8 section of Little Chico Creek Canyon.
It can not be determined at this time whether or not the project will meet conditional criteria 42
The Environmental Health Department does not have any objection to the rezone; but they have
not given any assurance that future land divisions will be able to meet usable sewage disposal
area requirements.
Tlieproject does appear to meet conditions 1 and 5. There are no agricultural uses in the
immediate area, which could be affected by this development. All major commercial services are
available in Chico, approximately 15 miles away, Although this project is closer to those
commercial servicras than are the residents of Forest Ranch where development of cimil'ar.
densities have been allowed, the Commission must determine if continuing Lo allow greater
densities without reasonable access to services complies with the General Plan policies.
This project is located in an area that has a high botanical and archaeological sensitivity. The
applicant has hart bath a botanical and archaeological survey performed on the parcels, The
results of the surveys did not reveal any rare plants or archaeological resources. There is some
riparian vegetation along Little Chico Creek which needs to be preserved with a no -development
setback zone.
This project is located in an area that has steep canyon terrain. `There is o' moderate to high
erosion potential on-site and some erosion is evident as a result of the driveway construction to
the existing house on-site. Any development in this canyon area will have to take into account
this erosion potential and protect against siltation reaching Little Chico Creek,
Approvalof this project will definitely set a precedent for smaller parcels in the area. The
Property to the north, west, and south is zoned "U' i'Vnclassified) and a TVI -40 is in place to the
east. There is Macros of TM -1.0 zonil g to the northeast that was approved in 1950. An 1✓ZR.
Was prepared for f:[at rezone. -"arcel sizes in the area range from 5,3 acres to $0+ acres, The
predominant parcel size 'Is ovel. 10 .acres, of the thirteen parcels that take access on Blackberry
Lane, only three are under 10 v -es, The .rest of the parcels average 1749 acrosin size:
RCCOMMENDATIONS:
A., Find that the requirements of MQA. hoo been niet and considered its making this
recommendation; and
3
i
BU71'TE COUNTY P%A TNTING COMMISSION
STAFF FINDINGS - July 3d, 1990
' B. Find that t14c. proposed rezone does not meet the conditional zoning and development.
criteria adopted in the Butte County General Plan Land Use Element;and
C. Deny the rezone from "U" to TM -5 on property identified as'AP 056-040-027 (Bruce
Oliver).
P.
If the Commission can make the necessary findings that the project does substantially comply with
the ;Butte County General plan 'then it would be appropriate to make the following motion:
1AOTION-9 ACCEPT THE RECOMMENDATIONS OF THE STAFF MEMO DATED
July 31,1990; MiAXE THE FINDINGS LISTED UNDER "A", "B", AND "C"; AND
MOVE AS OUTLINED UNDER "D AND "E" INCLUDING ALL OF THE
CONDITIONS NUMBER 1 THROUGH 5
A. Find that;
1. An initial study was cowpleted in compliance with CEQA
2. Said study and comments received thereon identified potentially significant
environmental impacts which the project may have had, liut will not in this case
because of the adopted mitigation measures attached; anti
B. Find that the environmental documents together with any comments received during the
public review process have been reviewed and considered, and recommend the Board of
Supervisors adopt a Negative Declaration with mitigation measures attached; and
C. Find that the proposed rezone conforms to the policies, including the text and map, of the
Butte County General Plant and
D. Recommend that the Board of Supervisors adopt an Ordinance rezoning to TM -5 that
property identified as AP 055-040-027 (Bruce Oliver), and
E Recommend that the Board of Supervisors adopt a Resolution approving a Conditional
Zoning Agreement for AP 056-040.027 (Bruce Oliver) subject to the following conditions;
1. Limit new driveway ;gf ades to 10%,
2, Install culverts where ;roads and driveways cross natural drainage channel.
3. Install rock riprdp and man-made roadside drainage to minimize ovater velocity and
trap sediment, This shall include existing drainage channels,
4. Designate a 100 foot no -development from the top of the bank of Little Chico
4
BUTTE, COUNTY PLANNING COMMISSI®N
STAFF FINDINGS - July 31, 1990
Creek. No structures, vegetation reme;val, or soil disruption will be allowed in this
zone.
5 Automatic fire suppression sprinkler systems shall be installed in all new residential
structures in accordance with the National Fire Protection Association Standards
as outlined by Article 13d to aid in the detection and control of ret,,idential fires and,
thus provide improved protection against injury, life lost, property damage, and.
reduce the demand for County fire protection services.
CBS lr
Attachments to the Commission and Cities:
Environmental Documents'
Exhibit Map
Site Plan
S
Describe anticipated on and off-site drainage improvements (IUD, MH.P)
r
- _
.Describe how on-site and downstream drainage charin`cls will be affected (PUD, M14P),
.r'`'.-" p':" ,� a� : NA. ,, s,wa"-.a�• 4 • J9f. yr�Jap,rd,' 4 e.
Water source: !Aw K I- t_
Proximity of water for fire fighting purposes (hydrants, ponds, e►c.) I (;:t ,. M. - % /'J `: "7f 44IJ &y
t••°.''.
Will excavation or grading h;; nsaessary? E_4 Cubic yards (estimate)? -
List and describe and other related permits and other public approvals required for this project, including
those requlred by city, regional, State and. Federal.agencies
�r
if residential, include the number of units, 'whether units are single or muttktory in height; schedule of
unit sizes, and type of householdsize expected:
it cornmiwrcial, indicate the type, whether nei¢bborhood, city or reeionally oriented..souare footnce or
sales area;, and loading' facilities
J
it industrial, indicate type, estimated employment per shift; and loading facilities.
r'
if institutional indicate the major function, estimated employment per sh, %, estimated occupancy,.
loadin>t facilities, and community benefits to be derived from the project
1
.7
ENVIRONiviPN*rAL IMPAC I'S ANI) MI`fIGA`riON MEASURPS
Identify potentially significant environmental irnpacts associated with the rezone, What project design
features or special conditions of approval (mitigation measures) are proposed to alleviate potential
environmental impacts?
L
t
1V ON );T�lTA1, Si_'rTING
Describe the project site as It exists before the project, including information on to ra h
plants and animals, and any cultural, historical and scenic aspects. Describe any existing structures . bility,
and the use of the structures. ng n Y solist
g aures on fhe site,.
j
If t May
1
Describe the surrounding properties, including information cin plants and animals and an
historical, or scenic aspects. Indicate the type of land use (residential, Commercial; etc,), intensity any cultural,
use'
(one-family apartment houses, shops, department stores, etc,), and nate of d"alo etc.),
i (height, frontage,
z setback, rear yard, etc,).
t�yW"r� / er,✓ick"
96
I hereby declare under penalty of perjury that 1 have readand understand
foregoing statements are true, comple►e and correct to the best of my kno, ands and bel' the Instructions and that the
ief,
,�4 n >
._..Applicant`s Signature
Property OxVncr's signature .
Project File Number�+f
� General Pian Desighation,..;,.� Request Consistent
W Request. Rezone to
?�
rn
Iota"tion tend size of parrcl(s),,._ _. _.
3
- - Number
1.2663
Ordcr:�i
WN 00. igatMiny Cotrwi7.
rr=ter« "SCII �l'LL•
i t DE01 I X9$9
y
The lan,1 rc•I"rrrcd la in ,,is I'olq is desrrihccl late In the County of BUtte, State oforalornia
All that certain real property situate
described as folloN": quarter
onion of the Southeas�a filed
as shown on that Certain Parcel 1.9 apt 1�1.D.Ll. &7 11-) �,,hich Map February
Parcel 3, To��.nsltiP 23 North, Range 2 East,
of Section 24,
office of the ,ccorder of the Counts 4f andt e, state of California,
in the offs a
9, 1978 in Boot: 65 of Parcel illaps, at pages Township 23
ll a 60.00 foot road right of \%,ay in Sections 24 and 25,
Township
23 North,.
TOGETHER 'WIT nl.Ia.i3. ct Vii•, anu in Sections 19 and 20, described
North, Range 2 East' 1 ill,, 3Q.00 feet on each side of the follov,ing
Range 3 East, itil.D.11, �t \l., y v
center lines: beginning tieing
Dint in the Noah line of said hecNorttion heastacorner id toff said Section 25
i3cgrnning-�at a P „ 872,17 feet from the 1 „ 227:63 feet to the beginning
south 88 45 22 11 est, v North 46 J 6 t2 East,
thence along the are of said
'chance from said point of. bemirotln�'to thence
of a 1.10.Q0 foot radiuslc�an leCofcave740 46't36"Santarecs of ac10q.00 fooe of t radius durve
curve through a central U
North 6`0° 35' 40" East, h�J.VS feet to the beginning ° , ,� 404.55
thence North 31 54 43 East,
conclave to
the Nortit�vcst; thenen along the e of said curve through a central angle
of 3`l° 40' 57" an are distance of Ga.7 feet;
feet to point A; and end of said line. Township
dolls 1� and 20, Townsli p 23 Northi
• � right Sec ., �, 2�1 and 25,
r�.1,5t3 TOGETtiElt 11'1TiI n 50.0 13f °ot i�i.dandof �.a In Sections follo��ting describe
.�3' North, Rivl c 2 Vast, 1i.lJ.
ltnnr*e 3 East, ;�1.D.13. �� 1,1., lying 30.00 feet on each side ° th
centerlines: point beginning being
n at a point in the North line of said Section 25, said
i3rgtnninro , r i) inning
t�'est 572:17 fact from othe �No2rrtheas � 3.3,4prfeet toof theebegn 75;
South 88 45 22 South 46 16 4 1� cs
Dint of bcgirtning, „ thence along the are of said
thence from said p ,o ; „ t,
of a 300.00 foot radius curve conentc to the North es is n 600.00 foot radius curve
through a central ang of a
le of �9 b7 04 andistance of 152:46 feet; thence
curvet o a� " , 39.36 fent to the beginning
South 75 2� 46 S�'est, thence rtong trio me of said curve, through a central 166449
angle
coricavF WestO
to the Southeast;
o , 11 re distnne of 6�J.49 feet; thencecopcav�el to the Nor550 201 thWest hence
of 19 54 30 an a
feet to the be illning of a 500:00 foot radius curve 7, � e a iQ0:00
g
through a central angle of 21° 39� 53" an arc is ance
along the arc cif said curve, the arc of said dut•ve through
_ 189.06 feet; thence South 77° 09' 09r' 1ltest, ].37.35 feet to the beginning
of Hypo to the Southeast; thence along
radius curve cont �, distance of 88156 feet; thence Souoncave tlb o the
th 26
Dot ril le of 50V ,t4' 37 an me y 113° 23�
f 76 f
a central ang {• of a 100.00 foot t ttditls curve c
1�fcst, 111:02 feet to the bei,lnnint? curve,tttre, nro of Saoo �2' 27'�1�'est, 1681e of 1130
to the
Northwest; thence aloof; 71 Ccet thence Not'th 40 thence along' the
Dlii are distance of 19
angle of 39° 08' 19" an arc distance of 13ti:39
c, 11"Iti of a 200.110 foot r'idius rairve conative to the Northeast; of a 200.00 foot
b.g g ; through 6, cent g Inning
,Ire of
saiceCNorth J° Oa' '08w' l�'cst, 151.79, feety to the beg
(continued)
�'17�5':�irn�1nni r+nvrrTGe t4+lsrr._int;i
'. t
rMrt2 6 6 3
I4Ut." L- C (Continued)
•trouha
r+itdiu.s curve concovS to the Southeast; tltencc alant; the arc of said curve, u g
central din le of 27 17' 10" nn arc distance of i15.2ri feet; thence North 26 09' 02"
c cntt g
East 218.15 feet to the beginning of a thr foot central tiangle °of x1.46°ve 015 e 02'utan are
thence along the tiro of said curve, i} g
107—
distance of f;i.81 foot; thence South 59 54' 00" West, 7 07.21 feet to the beginning
ng
are of said
of a 200
.DO foot `radius curve concave o to the 1North�vcsdistancethenceof 107.98Pfeet; hence
curve, through a Central angle
gl 31 f feet to he beginning of a 60.00 foot radius curve
North 89 10 00 lVcst,
concave to the Northeast; thence along the arc of said curve, tairough25" East, 1al 85-98
of 151,° 1,0' 25" an arc distance of 158.31 feQt•; thence North G2 O0 „5 thence
feet to the beginning of a 200 rough
foot radius curve co
nof 28°eave o54`� 45"°an Northwest; thence
along he
are of said curve, ttlroUoh a central angle."
through a
of ].00.02 feet; thence North 33 05` 4n'}1 ace ► ron 7thee are ort to e curve, beginning of a 300-00
1 a
foot radius curve t8 the Southeast,
central angle of GO 00' 53" an tare
the Nodistrth vest; thence allongnce of 314-76 feet tthe bare of isaidgcurve)
17.5.00 foot radius curve concave
through a central aning
gle of 39° 10' 23" an are distance of thence alongtthehare qt beginsaid.
g
of a. SQ.00 foot radius curve curve concave to the hoith��est;
curare through a central angle of 93° 25' 36" an arc distance of 81.53 feet; thence
Nlorth 450 48' 32" ltiest, 67.34 feet to the beginning o a curve, through foot central angle
corteaae to the Southt'redistancc of 58 2J tile
feet; thence idNorth70° 15 30' West, 262.41
of 33 2G' 58" an are
feet to Crown Point Road. Tatvnshi
A1�aG TOGF,'1'IIi Jt wri`li a 80.00 foot road right of luny in Sections 24 and ip p
23 North, Range 2 last, �1;ll•13.�c ll., and Sections 19 and 20, Township 23 North,
Range 3 last, M.D.B. Lk- \l., lYin�, 30.-00 feet ort each side f the follatving described
centerlinesc
o � �3i' 'tVest, 10G.91 feet to the
beginning at the aforesaid point A; thenr�e North 15 46the
beginning of a 200.00 foot radius curve le ofa31°ve taa5'h48" anl�arr(I d stance ofo1g11 46
are of said curve through a cen�ral ang of a
feet; thence North 160 q0' 25" cast, 01on9 the are ofeet to esaic is rue th ough0a0 central
radius curve to the Southwest, thence along
25, 0511 We9to
angle of 330 34' 30" nn arc di Agnce`00 C000f n Qra<lius� curve Goa ave to the Southvrest
11 an art
.14.;.35 feet to thte htuinnrng of a ve . t:-
thcnce along the arc of +sold t',ortthrough
ht QoghOlt �2cnj esta 9l 1.G fe t to�tf e7beginning
distance of 17 8.40 feet, thence
of a 100.00 foot radius curve concavro to �t5q„S�ntltire distance e of along12.87e Sect t are of said
curve through a central angle of 7G 07 the
beg! f a 100,U(1 foot radials curve le of rgotp,q+hpgNonnia�retdistance ofa102.80
;ire of said curve through a central tingletbe 300.00 foot
feet; thence North 2° 481 ill' Nest; ,281M, feet the arcOn saidof fav tohrough a
radius curve conceive to the Northeast, the _ 861 201t
central angle of 15° 11' 51” an are pdj tattc100�007 fort hence
t the
11 esti 438.63 foot to the beginning o le of 960 40' 27"
Southeast, thence al.6Oggr, hfecti arc of
the gitnrtingrve tiofoag1160,00 foot r` ditls COVO angle of43an arc distance of 1 R the arc o said curve through a ce►i g
to the Northwest; the along, to a point in the bort line of
i ii less,
t 0
tile South eastaImi cquartere of said 3Section t24i or
T3NCEPTI
NG '1`lIERE1 R0i\ tate last described right of t, FO any portion 1j� hg in Parcel
1
'MtA:Smallail- n�r��u '�+rfrw—rr�i1
pmo 4
L 056 040 027 1000 STATUS: ACTIVE
KIVER BRUCE & SHERRY BERjERON ETAL TC
PO BOX 361
CHICO CA 95927
"
`=} L: 056 040 022 000 STATUS: ACTIVE -�
;. .. .
- REiSWIG GRAN K & NORMA R TR
3400 KEEFER ROAD
CHICO CA 95926
L: 056 040 019 000 STATUS: ACTIVE
THOMPSON CLYDE P
T D RANCH
RT 41
SPARKS NV 89431
L: 056 040 026 000 STATUS: ACTIVE
HEALY PATRICK J & PAMELLA SOUCY JT
p 0 BOX 413 ..
'
FOREST RANCH CA 95942
L: 056 047 025 000 STATUS: ACTIVE
"
SMITH SHERRY A SS
P 0 BOX 1307
• CHICO CA 95927
K �
c
L•, 055 040 030 '000 STATUSt ACTIVE
` JOHNSON WILLIAM PSS
,.,
... ,. . , .:•. ..
.. r P O BOX 0457
. �.
FOREST RANCH CA 95942
"
•. L: 056 040 029 000 STATUS; ACTIVE
PADGETT GORDON B SS' r
P 0 BOX 1771 j
CHICO CA
r
95927
L: 056 040 028 000 STATUS: ACTIVE
PRIDE DONALD L ETAL TG r a
23 COUNTRY PRIDE COURT
'•
CHICO CA 95926
Y
L: 056 040 018 000 STATUS! ACTIVE
a USA q
M
60000
r
'
,•
L: 063 250 009000 ST`r'TUR • ACTIVE
REISWIG ORAN K & NORMA R TR
3400 KEEFER ROAD
CHICO CA 95926rA
L: 063 250 008 000 STATUS: ACTIVE
GONZALEZ SERGIO & LANA K
426 BIGGS EAST HWY
�i
BIGGS CA
t�
4
95917
a
T�
L: 063 250 041 000 STATUS: ACTIVE
r
TERRILL ROBERT A & SALLY A JT
900 ORANGE ST
CHICO CA
r
L: 063 250 042 000 STATUS: ACTIVE
{
TERRILL ROBERT A °". SALLY A JT
900 ORANGE ST
CHICO CA 9592E
L 063 250 043 000 STATUS: ACTIVE
r.
�~
TERRILL ROBERT A & SALLY A JT
900 ORANGE ST
CHTCO CA 95928
Orucf 01105r --
w
s „ e�sfttlss`
N%9'CCOMPARED MITE'
CAWN& DOCUMENT
.
'"o'..i 'Pi' �q{�� • � _' x{ �-ar""+Ya,��.yTtc....�
N'' t e:} .mac
, ��- 'COUNTY OF BUTTE, STATE OF-CALIFORNIA
♦. ..�•: `9ka '.'ice
"Ir' 49
•• h f'4048n°Np°• o*�
�'�• `t-'OLTI`' :�° Resolution No. 91-26
RESOUMONFORANAGREBME TrRE A-IING TO RECLkMCkTION OF ZONE FOR
BRUCE, OLIVER
BE IT RESOLVED AND ORDERED that the Chairman: of the Board. ' of
Super .;saes be and is hereby authorized and directed' to execute an agreement on
behalf of the County of Butte relating; to reclassification of zoning -with:
BRUCE. OLIVER
anti o- do and' perform everything necessary to carry out the purpose of this
resolution.
PASSED AND ADOPTED by the Butte County Board of Supervisors on the
26 day of February,. 1991, by the following vote
AYES Supery%sons Fclnturf, Campbell`, McLaughlin, Fulton and Chair Dolan
NOES: wrz,e
ABSENT None
NOT VOTING:ko�r�
r
ANN DOLAIT, Chairman
Butt Co!:zty Board of Supervisors,
ATTE.W= WILLIAM H. OLPF Chief Administrative
is Officer and Cler$oard
By
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT made this 26tli day of February 19 91 by and between
"I~irst Party", as identifiedin item (a) of Exhibit, 1 of this .Agreement, and the
COUNTY OF BUTTE, a political subdivision of the State of California, herein
called "Second Party
WITNE9SE1.ri"
VVI€EREAS, First Party is the owner of real property, herein called
the "Property", situated in the County of Butte, which Property is described in
Item (f) of Exhibit I of this Agreement; and
WHEREAS, the Property is now zoned as Specified in Item (b) of
Exhibit l Ind
NNTIEREAS, First Party has applied for a reclassification of zoning
of the Property pursuant to which application the Property is being reclassified
from its present classification to the classification or classifications
specified in Item (c) of Exhibit 1; and
Vi'HEREAS; public hearings have been held upon said application before
the Board of Supervisors of the County of Bute, State of California, and after
having considered the matter presented; it has been determined that certain
conditions to the zoning reclassification of said real property must b^ imposed
so as not to create any problems inimical to the health, safety and he general
welfare of the County of Butte,
NY, THEREVORE, IT IS MUTU . LY UNDERSTOOD AND AGREED that
inasmuch as NON
O he reclassiiication specified in Item (c) of Exhibit l is 'being
granted, the ;paid. reclassification shall , be subject to the conditions specified
in the following patagr.aphs
' 1, That Exhibit 1, as completed and attached hereto, is
incorporated into and made a part of this Agreementwith file same force and
effect as if fully set forth herein
2, That First Patty shall construct and comply with all the
following conditions
2a, Limit new driveway grades to 100,
2b, Install culverts where roads and drivev,,ays cross natural
drainage channel.
2c. Install rock 'riprap and roan -made roadside drainage to minimize
water velocity and trap sediment: This shall include existing
drainage channels,
drainage channels.
2d. Designate a 100 foot n -development setback from the top of the
bank of Little Chico Creek. No structures, vegetation removal;
or soil disruption will be af'owed in this zone:
2e. Automatic fire suppression sprinkler systems shall be installed
in all new residential structures in accordance with the
National. Fire Protection Association Standards as outlined by
Article 13d to aid in the detection and control of residential
fires and thus provide improved protection against injury, life
lots; property damage, and reduce the demand for County fire
protection services.
Applicant must also comply with all other applicable State and
local statutes; ordinances, and regulations: - -
3,. In the event First Party, any successor in interest of First
Party, or any person in possession of the property described in Item (f) of
Exhibit I violates or fails to perform any of the conditions of this Agreement
Within thirty (30) days after notice thereof as provided in Paragraph 5, the
may instruct the Count Counsel of Second
Board of Supervisors of Second Party y y
Part) to institute legal proceedings to enforce the provisions of this
Agreement;, The Board of Supervisors of Second Pavy may also initiate
prOL: dl tgI or any other rezone the property to the classification specified in Item (b)
�Pr suitable classification.
of Exhibit }
4, Notice of violation of provisions of this Agreement shall be
sent to First Party at the address specific in Item (d) of Exhibit 1 and to the
street address of the property described in Item (d) of Exhibit l; Any
subsequent title holder, any lien holder, or party in possession of the property
shall also receive notice of such violation at an address other than as specified
in Item (d) of Exhibit l by ,filing with the Clerk of tile, Board of Supervisors of
Second Party the address to which the notice is to be sent, with reference to this
Agreement and "the REsoluton authorizing its execution;
5. In the event suit is 'brought by the County Counsel of Second
Party to enforce any of 'the provisions of this Agreement, First Party agtees to
pay to Second Party a reasonable surn to be fixed by the Court as attorney's fees.
6. Each and :very one of the provisions of this :agreement herein
contained shall ind and unsure to the benefit of the successor in interest of
eac1 and every party hereto, in the same manner as if they had herein been
mpt essly named,
IN WITNESS WH EREW the parties hereto have executed this Agreement
the day and year first above Written:
t'CE OLIVER
COUNTY OF BUTTE✓:, a
political subdivision of
the 'Sta e o lifornia.
Ir} erson of the Board
of Su rvisors FEB 2 g
"Seco n Party"'
A" ['T`ES'T':
Cleric othe B_ oar of
Supervisors
STATF OF CALJFUnNXl\ }
CRIITITY 0t, 13uttE "r
On t It 1.9 3rd tt ,y r, r. April 19 91
l+more mn., the tliiitlernlgtinl; a Notnry rubttc
Jn and forsaid SEate, pernonally appeared
Bruce Oliver' ------ -_- =---
®��hl�rs�erO�uMa�Aao�t !!
----------- -------- --
■ rrrr*ilri i 1 knrYNn t,o mn
_ a NJTAiYPtkiIJC{,�p�� t �' (r)Y rrtavi�tl to-mrt on
Myb t ht� t� in i ii aI, sm i i s rnrf rtry sv l dotit~e) to be
R A�p1tr-c-Hlir pot•rnh h(foso, n,mn _ls i;11birrJl�cd
®
A i ri lin wi tN i n� P nnttrtt'ficnty, nhd .hcknot+li•rlgcd Vic? IsrrIIAAN�IdSiM11111�NpgAiM� ►Ii C2 Hitt lie lTkn_r ilt d d't 1
WT`tNtii,4` m ►intmil ilnij orfl:ir-1. sells
fhrllvt,�ltfnX A�Fin•1'�l,.n�khC �, ��1,�,,,+�✓ �C.c�*"`-✓
w
N Ptil
iii In ahti for
miitl S hte
ms's-',......�.� •------^' _.._.-.•----=----s'.� «_......�..,_ _..«..ice .
EXHIBIT 1
Agreement
"First (a) Party", as used in this Agreement, includes each and all of the
following: Bruce Oliver
(b) The property is now zoned; "U" (Unclassified)
is from its present zoning to:
(c) The zoning reclassification of the property
TM -10 (Timber Mountain - 10 acre parcels)
(d) Notice
to First Party pursuant to Paragraph No 4 shall be addressed to:
Bruce Oliver, P.O. Box361, Chico, CA 95927:
change in zoning classification pursuant. to Paragraph No. 4 shall be
(e) The
to; 'TM -10
"Property", as used in, this Agreement, includes:
Parcel ITC as shown on that Parcel Map
of record in Ivfap Book 65 on Pages 4
and 5 on file in the office of the Butte County Recorder.
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CHT ` ADTv INIST'RATIVIe-)FFzc
COUNTY OF BUTTE
25 COUNTY CENTER DRIVE
o0�1T7* OROVILLE. CALIFORNIA 95565,3380
° Te�lephona rJ�6i 53@ 631 MEM�wRS (7F THE BOARD;
o Fax. (U161 538'7120
HA$KEL A MCINTURF
CDUrgy JANE DOLAN
KEVIN CAMPBELL
WILLIAM H AANDOLFH ED McLAUGHLIN
,,,t:-t.F A0M1N151 HA'0,L OF HU*4
LEN FUL70N
February 27, 1991
Bruce Oliver
P.O. Box 361
Chico, CA 95927
Rei Rezone, Fite 90-12
Dear Mr, Oliver:
At the regular meeting of the Butte County Board of Supervisor's held February 26,
1991; Ordnance No. 2913 was adopted which: rezones from "U" to TM -5 that property
located on both sides of Blackberry Road, approximately 800 feet north of Crown
Point Road and approximately 1/2 mile east of Crown Point Road and State Highway,
32 intersection, identified as AP 056-040-027; northeast of Chico:. Resolution
No; 91.-25 was adopted approving a Conditional Zoning Agreement.
Recently enacted legislation IAB 31.58, Chapter 1706, Statutes of 1990, effective
January 1, 1991) requires that the Department of Fish and Game impose and collect
filing fees as specified to defray the cost of managing and protecting Fish and
wildlife trust resources. These filing fees are colletted during the
environmental review process and are to be paid at the time the County files a
"Notice of Determination" with the County Clerk of the County in which the
project is located: This procedure W required pursuant to Section 21152 of the
Public Resources Code.
To increase administrative efficiency,
the statute delegated the collection of
Cling fees to the County Clerk and provided the County authority to collect a
$25.00 documentary handling fee.. The .fee for a Legative Declaration is twelve
hundred fifty dollars ($1;25000): Checks made payable to the County in the
amount of $1,250.00 and $25;00 should be submitted to the County by March 4,
1991,
Project pplicaras should be aware SeCdOft 21089(b) of the Public Rcsaurces
Code, provides that any project approved under the CB()A is not operative, vested,
or final until the filing fees required under Section 711.4 of the Fish and i.ra;me
Code are paid;
Should you have any questions regarding this matter, please contact the Planning
ais
Department at 533-7601 between 10:00 a.m. and 3:00 p.
Very truly yours,
yy,fillirim Randolph
Chief Administrative Officer
IRONMENTAL IMPACT,
NEGATIV)rCLARA7ION REGARDING ENV
1. NOTICE IS 1JEREB'Y GIVEN that the project described below has been
provisions of the California Environmental
reviewed pursuant to the p , e significante ) axed a
Quality Act oofh1970 (Puben lic Resources
esouat cewzlldnotlha�' et.
determination
effect upon the environment. bog # 89-12-20-01
2. DESCRIPTION OF PROJECT: Rezone "U" to TM -10.
LOCATION OF °PROJECT: On both sides of Blackberry Rd. approxi t R
3. rot, 1/2 mile east of Crown. Point Rd. &
north of Crown Point Rd. � approx.
of Chico,
state. Hwy. 32 intersection,
4. NAME AND ADDRESS OF PROJECT APPLICANT:
Bruce ol.iver
P.O. Box 361
Chico; CA. 95927 Attached
5 MITIGATION MEASURES:_
6. A copy of the initial study regarding the environmental effect
of this project Is on file at 7 .County Center Drive, Orovil>.e.
This study was;,
x
Adopted as presented.
�---� Adopted w th changes, Specific moth fioa''r
attached.
h
7, this Negative Declaration was jle ct 'ray th
A public hearing on
decision making body.
Hearing Body st tte. Caunt- Eoard
Date of DeterminationFebrtiar 26 1991_
Determination
--
nat oni the
Orthe basis of the in�:tial study of en
nted at ttEating8► commentsnreceivedmoncthe
int'ormat on prese
wn knowl
proposal and out oedge and independent research!
We find the. proposed project COULD aaEOATPubt DECLARATIONcist
effect un the envlronme-ttt, and
hereby adopted.
We find that the proj,zc.t COULD have a significant effect
on the environment bl,tr, 1V'i11 not in this case because of
[x] attached mi?igation measures described in item 5 above
which are by this refer made conditions of project
approval: A conditional NEGATIVE DECLARATION is hereby
adopted.
S g hire
ane olat , Chair`
Butte. nUrlty Board of Supervisoru
:-